HomeMy WebLinkAbout05-1967
EXECUTED COPY'
A
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CITY OF DENTON, TEXAS
VATERNORKS IMPROVEMENTS
SPECIFICATIONS AND C04TRACT DOCEWNTS ~
FOR ~y►
PlOfAtl'~IING AND REMUVING ELEVATED TAN
j
k4f.,
May 146 7
MESE, NICHOLS AND ENDRESS y
Consul t l ng F.r,g t veer s
s
CERTIFI&TE Of INSURANCE
0
INSURANCE s
THE HOME INDEMNITY COMPANY
THIS IS TO CERTIFY, that policies in the nor* of
Name Randall H. Sharpe, Inc.
and
addr. Randall H. Sharpe, Individual
t+
of lmured: Western Landscaping, Inc.
P. 0. Box 14396, Oklahoma City, Oklahoma 73114
are in force at tike date hereof, as follows:
POLICY v LIMITS OF LIABILITY
KIND OF POLICY POLICY NO. PERIOD 11
Bodily lajrry Property Damage
t E1F. 1/1/67 Provided by Worlrmen's Nil
A-workmen 3 NC99120OA61 Compensation Law state of Employers' Liability
Oomptration Exp. 1/1/68 All States $120001000.00
$4ftmactwers' or Elf. Each person $ Each accidents
DonRaClors' Liability Exp. Each accident $ Aggregate $
O-O'Irnara't Landlords' Eff. Each per.on $ Each accidents
and Toroanta' Liablltty Exp. Each accident $
D-Aatomobilo
Liability
(1) Owned Vehicles
EN. Each person $ Each accident $
(2) Hired Vehicles Exp. Each accidents
•
(3) Other Non-owned
Vehicles
E-Comprobsnsiro Elf. Each person S Each accidents
Liability Exp. Each accidents
(1) Automobile
(2) General GA9993683A6 Eff.1/1/67 Each person $ 5099000. Each accidents 500, 000 .
Expl/1/68 Each accident$ 1, 000pC00.
Aggregate S 12000,('00. Aggregate S 500,000.
Eff. Each Person S Each accidentS
(3) Gencral-Au, .,nobile
Exp. Each occident S
Aggregate $ Aggregate s
F-Otber
Certificate i.sue' to City of Denton, Texas
at Denton, Texas
in the went of conceilation of said policies or a reduction in the limits of liability, the company will endeavor to give written notice to the potty to
whom this c^rtificate is issued, but failure to give such nitice sholl Impose no obligation or liability upon the company.
7/5/67 - ~i r _ x `:iv
Dated Ai:thori:ed Representative
M-7353 a(F) REV. 11/63 FR$D Fe FOX COMPANY, INC.
PRINTED IN U.S.A.
CITY OF DENTON, TEXAS
WATERWORKS IMPROVEMENTS
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
DISMANTLING AND REMOVING ELEVATED TANK
May 1467
FREESE, NICHOLS AND ENDRESS
Consulting Engineers
TABLE OF CONTENTS
Pere
NOTICE TO BIDDERS it
INFORMATION AND SPECIAL INSTRUCTIONS TO BIDDERS b
PROPOSAL d
CONTRACT AGREEMENT I
PERFORMANCE BOND 3
PAYMENT BOND 5
GENERAL CONDITIONS OF AGREEMENT 7
DETAIL SPECIFICATIONS
1. General Description of Work to Be Done 29
2. Existing Fence 29
3. Dismantling Procedures 29
4. Barricades 29
5. Cleanup 29
6. Payment 30
i
NOTICE TO BIDDERS
Sealed proposals addressed to Jack Reynolds, City Manager of the
City of Denton, Texas will be received at the office of the City Manager
in the City Hall until: I000 A.M_Lty 18, 1967 for the follu%,ng itevs:
DISMANTLING AND REMOVING ELEVATED TANK
At this time and place the proposals will be publicly opened and read
aloud. Any bid resolved after closing time will be returned unopened.
Copies of specificationsp and Contract Documents are on file and
may be examined without charge in the office of the Director of Public
Works. Copies may be procurto, without charge, from Freese, Nichols and
Endress. Consulting Engineers, 508 Throckmarton Street, Fort Worth, Texas.
A cashiers check, certified check or acceptable bidders bond,
payable to the City of Denton, Texas, In the amount of $1,250 must accompany
each bid as a guarantee that, If awarded the contract, the Bidder will,
within ten (10) days of award of the contract, enter Into a contract and
execute bonds on the forms provided in the Contract Documents.
A Performance Bond and a Payment Bond,, each In the amount of $255000,
conditioned upon the faithful performance of the contract and upon payment
of all persons supplying labor or furnishing materials, will be required.
In case of ambiguity or lack of clearness in stating proposal prices,
the CiVy of Denton, Texas, reserves the right to adopt the most advantageous
construction thereoft or to reject any or all bids, and waive formalities.
No bid may be withdrawn within thirty (30) days after date on which bids
are opened.
CITY OF DENTON, TEXAS
Jack Reynolds,
City Manager
a
INFORMATION AND SPECIAL INSTRUCTIONS TO BIDDERS
1. Work to be Done
The work to be do.ie under this contra^t consists of disassembling, removing,
and disposing of a 250,000 gallon, steel, elevated water tank.
2. Bidders Knowledge of Conditions
Bidders are expected to examine the site of the work and the tank, and to
familiarize themselves with all conditions affecting same.
3. Bid Form
Bids shall be made on the blank form attached and the complete documents
shall be returned with the bid.
4. BI,d Security
Each proposal must be accompanied by a cashier's check or acceptable bid
bond in the amount of $1,250 as a guarantee that, if awarded a contract, the
Bidder will execute the contract within ten (10) days and furnish a performance
bond and payment bond, each in the amount of $25,000.
5. Bonds
% With the execution and delivery of the Contract Documents, the Contractor
shall furnish a performance bond and a payment bond, each in the amount of $25,0000
executed by an approved surety company authorized to do business in the State of
Texas, and acceptable according to the latest list of companies holding Certificates
of Authority from the Secretary of the Treasury of the United States of America.
6. Time of Beginning and Completion
The elevated tank to be removed is immediately adjacent to a school building
and playground. Work on this contract will not be permitted to begin until the
end of the spring school semester, approximately June It 1967. It is the desire
of the Owner that work under this contract be completed within forty-five (45)
calendar days after that time, or by July 159 1967. Space is provided in the
proposal in which the Contractor may specify his own time of completion.
7. Contractor's Insurance
The Contractor shall procure and maintain during the life of this contract
all insurance called for on page 17 and 18 of the General Conditions of Agree-
ment, with the following changes:
• The Contractor's Comprehensive General Liability Insurance shell be in an
amount not less than $250,000.00 for injuries, including accidental death, to any
one person and, subject to same limit for each person, in an amount not less
b
than $500,000.40 on account of one accident, and Contractorts Property Damage
Insurance shall be in an amount of not less than $250,000.00 on account of one
accident and $500,000.00 aggregate.
In addition, the Contractor shall be required to furnish Owner's Protective
Liability Tnsurance, naminL the City of Denton as the insured, in the amounts
set forth above. All public liability and property damage Insurance shall be
endorsed to specifically cover wrecking operations.
8. Salvaged Materials
All material removed shall become the property of the Contractor. Such
monetary value as may result from the materials should be given consideration
by the Contractor in the lump sum cost, or payment, bid.
9. Award of Contract
The Owner reserves the right to lake the award of contract in a manner most
advantageous to the Owner, or to reject any or all bids, and waive formalities.
END OF INFORMATION AND SPECIAL INSTRUCTIONS TO BIDDERS
c
T 1
PROPOSAL
Denton, T-•xaa
bay 1B. , 1967
PROPOSAL OF RANDALL F. SHARPE
A Corporation organized aid existing under the laws of the State of ,
a partnership consisting of
the business name of RANDA.T,L H. SHARPS
an Individuals
TOt Mr. Jd,-k Reynolds }
City 'tanager
Denton, Texas
1
PROPOSAL FOR: DISMANTLING AND REMOVING ELEVATED TANK
The undersigned Bidder, pursuant to the foregoing Notice to Bidders has carefully t
examined the Ini-tructions to Bidders, this Proposal, the form of Contract Agreement
and of Bonds, the General Conditions of the Agreement, the Specificationa, and
will provide all necessary labor, superintendence, machine°y, equipment, tools,
materials, servlces, and other facilities to complete fully all the work as pro-
vided in the Contract Documents; and bind himselt upon formal acceptance of his
Proposal to execute a contract and bonds, according to the prescribed forms, for
the following prices, to-wits
Item
No. Description (Price Ip !lords) Amount (Figures)
1. For the complete dismantling, removing, and '
disposing of a 250,000 gallon, steel, elevated
water tank, the lump sus payment-cam to the
(cross out one)
City of Denton of
Seventy Eight Hundred
Dollars Dollars $ 7,800.00
The undersigned hereby declares that he has visited the site of the work and has
carefully examined the Contract Documents relating to the work covered by the
above bid,
The undersigned agrees to commence work within ten (10) days after written notice
to commence work, and to substantially complete the work on which he has bid within
4__ S consecutive calendar days,
d
1S
T
In the event the Contract Agreement and bimds are not executed within the time
above set forth, the attached bid securit;r ir+ the amount of
$1,250.00
is to become the property of the Owner as liquidated damages for the delay and
additional work caused thereby.
The undersigned acknowledgea receipt of the following addenda.
Respe•.tfully submitted,
RAND LL . SRARPE
By_
1
Amer
Title
-P. 0. Box 14396
Oklahoma City, Oklahoma
Address
(SEAL) If Bidder is a Corporation
NOTEi Do not detach bid forms from
other papers, rill in with
ink and submit complete with
attached papers.
e
r r;
CONTRACT AGREEMENT
. STATE OF TEXAS O
COUNTY OF Denton
THIS AGREEMENT, made and enterer into this 16th day of June
A.D., 19 67 by and between the City of Denton, Texas
of the County of Denton and State of Texas, acting through
its Mayor thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and Randall H. Sharpe
f
of the City of Oklahoma City County of Oklahoma
and State of Oklahoma Party of the Second Part, hereinafter
termed CONTRACTOR.
WMESSETH: That for and in consideration of the payments and agree-
ments hereinafter mentioned, to be made and performed by the Party of the First
Part (OWNER), and under the conditions expressed in the bonds bearing even date j
herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the
said Party of the First Part (OWNER) to commence and complete the construction
of certain improvements described as follows:
Dismantling and removing elevated tank
and all extra work in connection therewith, under the terms as stated in the
General Conditions of the Agreement; and at his (or their) own proper cost and
expense to furnish all the materials, supplies, machinery, equipment, tools,
super intendenoe, labor, insurance, and other accessories and services necessary
to complete the said construction, in accordance with the conditions and prices
stated in the Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to Bidders
1
i ~
• (Advertisement for Bids), Instructions to Bidders, and the Performance and
Payment Bonds, all attached hereto, and in accordance with the plans, which
includes all maps, plats, blueprints, and other drawings and printed or written
explanatory matter thereof, and the Specifications therefor, as prepared by
FREESE, NICHO GS AND ENDRESS, herein entitled the ENGINEER, each of which has
been identified by the CONTRACTOR and the ENGINEER, all of which are %ade a
part hereof and collectively evidence and constitute the entire Contract.
The CONTRACTOR hereby agrees to commence work on or after the date
established for the start of work as set forth in a written notice to commence
work and to substantially complete all work within the time stated in the
Proposal, subject to such extensions of time as are provided by the General
and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current Tunis the price
or prices shown in the Proposal, which forms a part of this Contract, such
payments to be subject to the General and Special Conditions of the Contract.
1
IN WITNESS WHEREOF, the parties to these presents have executed this
Agreement In the year and day first above written.
• ATTEST
CITY OF DENTON. TEXAS
Part of t irat Part, OW"ER
C f BAITOR ke Martin Mayor
CITY ATTORNEY,, Title
(SEAL)
ATTEST :
SKAM_L
1PAI Party f he Second Part, CO CTOR
By
Title
(SEAL)
2
9-1-66
i
_ J
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF Denton
KNOW ALL MEN BY THESE PRESENTS: That Randall H. Sharpe
, of the City of Oklahoma City ,
County of Oklahoma , and State of Oklahoma
as PRINCIPAL, and United States Fidelity and Guaranty
Company , as SURETY,
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly bound unto the City of Denton, ,
Texas as OWNER, in the penal sum of Seven
_Thouaand Eight Hundred Dollars 7,800.00 )
for the payment whereof, the said Principal and Surety bind themselves and
their heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the- 16th day of June 19 67 for
the construction of
Dismantling and removing elevated tank
.
which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGA'iION IS SUCH, that if
the said Principal shall faithfully perform said Contract and shall in all
respects duly and faithfully observe and perform all and singular the cove-
nanows, conditions and agreements in and by said contract agreed and covenanted
by the Principal to be observed and performed, and according to the true
intent and meaning of said Contract and the Plans and Specifications hereto
annexed, then this obligation shall be void; otherwise to remain in full force
am effect;
PROVIDED. HOWIsM, that this bond is executed pursuant to the
3
9-1-66
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended
by acts of the 56th Legislature, Regular Session, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
PROYTr-_L FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or
to the work performed thereunder, or the plans, specifications, or drawings
accompanying the same, shall in anywise affect its obligation on this bond,
and it does hereby waive notice of ary such change, extension of time, alteration
or addition to the terms of the contract, or to the work to be performed there-
under.
IN WITNESS WHMMF, the said Principal and Surety have signed and
sealed this instrument this 16th day of June , 14
Randall S. Sharpe United States alfl-v &K2 n"aranty Co.
. Prinol ~ Surety
By k By .
Title Randall K. Sharpe, Ownar Title ~r
Addreaa P. O. Box 14396 AddresaAnM Earo. McEMawneY A Asmdatot fry-
125 Park Atra wk Otdaboma CRY 2, Oklahoma
Oklahoma City, Oklahoma
(VEAL) (SEAL)
The name and address of the Resident Agent of Surety iss
AmM Earp, Mcftwney & AssocWw Inc.
Notes Date of Bond meet not be prior to date of Contract.
4
9-i-66
PAYMENT BOND
STATE OF TEXAS
COUNTY OF Denton
KNOW ALL MEN BY THESE PRESENTS: That Randall If. Sharpe
of the City of Oklahoma City, ,
County of Oklahoma and State of Oklahoma
as PRINCIPAL, and United States Fidelity and Guaranty Company
as SURETY, authorized under the laws of the
State exas to act as surety on bonds for principals, are held and firmly
bound unto the City of Denton, Texas
as OWNER, in the penal sum of Seven Thousand Eight Hundred
Dollars 7.800.00 ) for the payment whereof, the
said Principal and Surety bind themselves and their heirs, administrators,
executors, successors and assigns, jointly and severally, by these presents.
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 16_thday of June 19..U_, for the
construction of Dismantling and removing elevated tank
which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW9 THERCFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or
a subcontractor in the prosecution of the work provided for in said contract,
then this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to thr pro-
visions of Article 5160 of the Revised Civil Statutes of Texas as amended by
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said Article
to the same extent as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Denton County, State of Texas.
5
9.1-66
s,
Suroty, for value received, stipulates ani agrees that no change, ex-
tension of time, alteration or addition to the term- of the contract, or to the
work performed thereunder, or the plans, specifications or drawings accompanying
the same, shall in anLyvise affect its obligation on this bond, and it does hereby
waive notico of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 16th da+ of June , 1967 .
Randall H. Share Owner United States Fidelity arant Co.
Princfp~l Surety
By , f{ By ,
Title Randall H. Sharpe, er Title ATTowhwr4►nst
Address P. 0. Box 14396 Address Angel Earp, McENownc b Associates., -c-
J venue, Oklaboma Ciq 2, Whom
Oklahoma City, Oklahoma (SEAL) (SEAL)
The name and address of the Resident Agent of Surety Is:
Angel Earp, McEldowney X Associates, Inc.
Park venue, Oklahoma City 2, Okhkoma
Note: Date of Bond must not be prior to date of Contraot.
. 6
9.1-66
(CERTIFUD COPY)
GENERAL POWER OF ATTORNEY
No...... 76600
Know all Ifra by tine Proeatr:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation orgealsed ■nd custins under the laws of the
State of Maryland, and hsvios its principal office at the City of Baltimore, In ebe Sure of Maryland, does hereby constitute and appoint
We Me Leonard
of eke City of Oklahoma City , Bute of Oklahoma
its true and lawful attorney In sad for the State of Oklahoma
for tae followias purposes, to wits
To miss its aaame as surety to, and to execute, seal sad acknowledse say sad all bonds, and to respectively do and perform any mad
all aces and thia;s met forth in the rsolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorneys mad the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us. its Board of Directors, hereby ratifin and conUmr "sad wbatsoevet the Laid
We Me Leonard
easy lawfully do in the premises by virtue of theme presents.
to Wltaest Whernf, Its said UNITED STATES FIDELITY AND GUARANTY COMPANY bas cased tbir Instr4anons to be
sealed with its corporate seal. duly attested by the sipatures of Its Vke-President sad Asslst I Secretary, ttfii iiday of
January , A. D. 1963
u UNITED STATES FIDELITY AND GUARANTY COMPANY.
A. d. Hol ,
(Signed) MY......_
Vke•PndItnt.,
(SEAL) (
Signed) Richard De Reinhardt
• Asrktu! Soerdny.
STA'~~6P ~tA1~IlLAI~D l
BALTIMORE CITY,
On tkls lla day of January , A. D. 19 65, before a porsoseily came
A. C. Holmes , P'tce•Presideat of the UNITED STATES FIDELITY AND GUARANTY
COMPA14Y had Richard D. hdinhardt , Aststest Secretary of said Company, with both of
w"' l' fti }drio" ty a44"hoted, trb bolas by w severally daly swore, said that obey raided ba the C ty of Baltimore. Maryland,
that 'they, the bird Ai' Qi` Holmes sad Richard Dr, (Reinhardt , , -werm,mpIccrply
the Vice-Presider sad the Assisune Secretary of the said UNITED STATES FIDELITY A iD GUARANTY COMPANY, the car.
potation described is and which executed to feregnias Powes of Attorney{ that they each barw the seal of said corporations that the
Beal si ixed to"Power of Attorney was suck corperote teal, tut is was so afised by erdyr of the Board of Directors of said corpora.
ties, sad that they slsned their maws rote by like order ae Vies.PsmsWsmt.nad Ast4tant Secretary, respectively, of the Company,
My eommhueoa "pit" tW Apt_. ypOnday., iR Mays A.D. ` 1965
Anho H, O113tiett
(SEAL).. (Signed) .~....._...._.........._..._.....~....~..t._._,
Netsry rabbis, ,
xulYLarmr
t.
STS ~ M012 Gtfrif,
James Fd Carney: Cl" ad tie ispsrior Covert of gdtlmere Cky, which Cost k a
Court of Record, sad bas a seal, is hereby nrdfy rl`at nne M. O'Brien , Esquirt, before
wbas tie anaeaN allidevits were made, and who has thereto subseribed hL asses was at eau dome of so dohs a Notary Pnblie of she
State of Merylaad, in ad for, do City at {donors, Italy comadnioaod mad strlea "A authorized by 161F to ~desisisu4 atska ae1 fake
aekssorladsgaat; or prgo; of,defdo I? pe rscordod therein. I further astify ebst I an uQsafated WWI the ►sadwricias of the said
I~Sgtery, and verity bet ova t}s~ol %ury ie be him, senstae mtsnatere,
fa rox"7 Where* f A Marto ref my had sad gist do seal of she Svpedoe,Cevt_ef Raftimors City, the same Was a Caws
of Record, All lam ray Of January , A. D. 1963'
(Seal) Signed) Jades F. Carng
Carte of the Superior Cos t$ of 8oWnwre City.
yes r++n
a ,
COTT OF RESOLUTION
Tlrf Wborews, it is necessary for the ehctsol transaction of boeisar that this rosmpasy, mcpgipt si:.ge asd est irseys with powar
mail a109164447 to act for it and is its Samoa Its Sates other time Maryland, and is the Territories of the United states and is ilia Prov•
iscas of the Domisioa of Duda sad is the Colosy of Newfanadlaad.
Tivrt/ere, N to Rnolwl, that this Company dq and it hereby don, astkorlu mad empower its Presidest or either of its raw
Prnldesn In toslsnctlas wills its Secretary or au of Its Assistant Sscrerarin, under its corporate seal, to p"olat say pones or peraam
in otarsey or satorueym-ln-fat% or esess or orange of said Compasy, is Isr creme sod as Its act, to execute and deliver may and all oea-
tracts suarsatedmg the fidolity of venom holding positions of public or private trust, suamateeing the, performances of astracts other
them. iasuraaa politics and executing or gusrasaeias boadt and undertakings, required or permitted is all actions or proceedings, or
by law allowed, and '
Nse, In its smme asd as its attorney or attorneys-isdact, or agent or *gents to execute and sosreatre the coaditioas of ally slid all
bonds, recosalmanees, obligations, stipulations, undertakings or anything in the mature of either of the same, which are or may by law,
masleipal or otherwise, or by any Statute of the United Scats or of any Scats s r Territory of the United States or of the Provisces of
the DoetWoa of Caasda or of the Colony of Newfoundland, or by the rules, regulations, eediti,'customt, poictite be discretion of any
board, body, orgaaiaatiosa *Ste or sheer, bo4 assedcirrA or otberwwp be allowed. required or permitted to be executed, made, taken,
given, tendered, accepted, fled or recorded for the security or protectiom'af, by or for any person or persons, wrporstioa, body, 00co,
interval, eaudeipality ens other sssodaies ens orginitation whatswrer, in may sad all capacities whatsoever, conditioned for the doles or
met doing of anything or any Conditions which may be provided for is any tuck bond, refo;aitmace, obligation, stipulation, or updertak-
laq, or a ythins is An Mature of oishor of she same.
[ H. Cie Uchde 3 , an Assistant Sarret.loy of that UNITrp STATES FIDELITY AND
GUARANTY COMPANY. do boreby tortify that the foregabeg Is a fell, et" and cornet copy of she erisiul power of ■ttorpey givea
by'ikid Company to
tebllat`a
.~.!1+
oi. [yklahook Utye dklahoma , authorizing and empoweriag him to axa bonds as Aereie set
forth, whkk power of attenary km. sever bees revoked and If still In tali force mod efees. ^t+sl r, >
And 1 As further certify that amid Power o[ Aster"t visa gives In punaonce q r,rsiss osi'depsy! r.g~lcr mettles of the
of Dirrceere of said Company, duly galled and hold at the once of the Cempamy is the city et Baltimore, on the IItit day of
Ju1r, ;110, at wkkk stetting a quorum of the Board of Directors woo preunt, and that the foregoins is s true and cgpfect,coPy, of said
resolution, and the whole thereof as recorded Is tko~r~sqtoe of aid meeties. f ~ L~ g
is Tesflweey wirrnJ, I l n he rate set my hand mad the and of At VNITED STATES FIDELITY AND GUARANTY
COMPANY an dune i to 19%7
(Date) +L 1 7 I ilu i T1 l j"!, 't V
Ifl % ,
1° I i„ . : y , I... C!~, rl : 'i . i i. soon •:i I.
AsdsfsnfSecretary.
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.'Iii 't.I J.I'
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. r;r f:K l'.f jJ'~ti111 (]j~, rc a i},.l ,~ie ~1r,;<r
1. , 1i11, 3 Ili.1'1
An.
GENERAL CONDITIONS OF AGREEMENT
1. DEFINITIONS OF TERMS
1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the
ENGINEER are those mentioned as such in the Agreement. They are treated
throughout the Contract Documents as if each were of the singular number
and masculine gender. The ENGINEER shall be understood to be the ENGINEER
of the OWNER or his duly authorized representative.
1.02 CONTRACT DOCUMENTS, The Contract Documents shall consist of the
Notice to Bidders Advertisement for Bids), Instructions to Bidders, Special
Provisions or Special Conditions, Proposal, Contract Agreement, Performance
Bond and Payment Boi% (when required), Special Bonds (when required), General
Conditions of the Agreement, Technical Specifications, Plans, and all modi-
fications thereof incorporated in any of the documents before the execution
of the agreement.
The Contract Documents are complementary, and what is called for by any one
shall be as binding as if called for by all. In the event of a conflict in
the Contract Documents, the CONTRACTOR shall call the conflict to the
ENGINEER'S attention in writing and he shall decide the conflict in writing,
and the ENGINEER'S decision sh•:11 be binding.
1.03 S'JB-CONTRACTOR. The term -Sub-contractor, as employed herein, includes
only those having a direct contract with the CONTRACTOR.
1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served
if delivered in person to the individual or to a member of the firm or to an
officer of the corporation for whom it is Intended, or if delivered at or
sent by registered mail to the last business address known to him who gives
the notice.
1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and
pay for all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and all water, light, power, fuel, transportation, and
other facilities and services necessary for the execution and completion of
the work covered by the contract documents. Unless otherwise specified, all
materials shall be new and both workmanship and materials shall be of a good
quality. The'COMRACTOR shall, if required, furnish satisfactory evidence
as to the kind and quality of materials. Materials or work described in
words which so applied have a well known technical or trade meaning shall be
held to refer to ';,Ach recognized standards.
1_ 06 WORKING DAY. A "Working Day" is defined as any day not including
Saturdays, Sundays or any legal holidays. in which weather will permit con-
struction of the principal units of the work for a period of not less than
seven`(?) hours between 7:00 a.m. and 6:00 p.m.
. 7
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1. 07 CALENDAR DAY. A "Calendar Day" is ar,y day of the weak or month, no
days being excepted.
1.08 WORK WEEK. T'hc "Work Weak" shall consist of a period of seven (7)
successive calerida- days to begin and end as specified by tho CONTRACTOR.
1.09 SUBSTAt IAM COMPLETED. By the term "Substantia?ly Completed" is
meant that tho structure or facility has been made suitable for use and
all construction ^ompleted except for minor repairs or miscellaneous work,
which while in progress will not, interfere with the OWNER'S use and occu-
pancy of the structure or facility.
2. CONTROL OF WORK
2.01 LINES AND GRADES. Unless otherwise specified, all lines and grades
shall be furnished by the ENGINEER. Whenever necessary, construction work
shall be suspended to permit performance of this work. but such suspension
will be as brief as practicable and the CONTRACTOR shall be allowed no
extra compensation therefor. The CONTRACTOk shall give the OWNER or the
ENGINEER ample notice of the time and place where lines and grades will
be needed. All stakes. marks, etc., shall be carefully preserved by the
CONTRACTOR, and in case of careless destruction or removal try him or his
employees, such stakes, marks, etc., shall be replaced at the CONTRACTOR'S
expense.
2.02 ENCiINEERIS AUTMITY AND DUTY.. The, ENGINEER shall have the right
of supervision of the work, to the livitod extent hereinafter mentioned,
for the purpose of seeing that the improvements are constructed in conformity
with the contract. It is understood and agreed, however, tL at the ENGINEER'S
supervision is for the sole purpose of seeing that the improvements are
constructed in accordance with the contract, to the end that the OWNER
upon completion will have improvements conforming to the plans, specifi-
cations and other contract documents. The ENGINEER is the ENGINEER of the
OWNER, as aforesaid, and all supervision and other duties of the ENGINEER
under this contract are for the sole benefit of the OWNER, the parties
hereby expressly negating any intent that these provisions shall inure to
the benefit of agone not a party to this agreement. The CONTRACTOR is
and shall'remain an' independent contractor, solely responsible for the
manner arsd method of accomplishing his work hereunder, and the safety of
himself, his employees and other persons by reason of his operations here-
under. The EN(rVE t'S authority in this regard shall be limited to a right
of veto with respect to methods which in the ENGINEER'S opinion would
prevent the completed improvements conforming to the contract. The ENGINEER
shall hAve the authority to stop the work whenever such stoppage may be
necessary to inslzre the proper execution of the contract.
In order to prevent "lays arid disputes and to discourage litigation,
it'is further agreed that the ENGINEER shall in all cases determine the
amounts and quantities of the several kinds of work which are to be paid
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for under this contract. He shall determine all questions in relation to
said work and the construction thereof, and shall in all cases decide every
question which may arise relative to the execution of this contract on
the part of said CONTRACTOR. The MIKEER'S estimates and findings shall
be the conditions precedent to the right of the parties hereto to arbitra-
tion or to any action on the contract, and to any rights of the CONTRACTOR
to receive any money under this contract; provided, however, that should
the ENGINEER render any decision or give any direction which, in the opinion
of either party hereto, is not in accordance with the meaning and intent
of this contract, either party may file with said ENGINEER within fifteen
(15) days his written objection to the decision or direction so rendered,
and by such action may reserve the right to submit the question so raised
to arbitration as herein provided. It is the intent of this agreement
that there shall be no delay in the execution of the work; therefore, the
written decision or directions of the ENGINEER as rendered shall be promptly
carried out, and any claim arising therefrom shall be thereafter adjusted
by arbitration as hereinafter provided.
The ENGINEER shall, within a reasonable time, render and deliver to both
the OWNER and the CONTRACTOR a written decision on all claims of the parties
hereto and on all questions which may arise ralative to the execution of
the work or the interprPyation of the contract, specifications and plans.
Should the ENGINEER,faiL to make such decision within a reasonable time,
an appeal to arbitration may be taken as if his decision has been rendered
against the party appealing. .
Whenever the words "directed", "required", "permitted", "designated",
"considered necessary", "prescribed", or words of like import are used,
it shall be understood that the direction, requirement, permission, order,
designation or prescription, of the ENGINEER is intended; and similarly,
the words "approval", "acceptable", "satisfactory", or words of like import
shall mean approved by or acceptable or satisfactory to the'ENGINEER.
2.03 SUPERINTENDENCE AND IN'SPECTION. It is agreed by the CONTRACTOR that
the ENGINEER shall be and is hereby authorized to appoint from time to time
such subordinate engineer6, supervisors or inspectors as the said ENGINEER
may deem proper to. inspect the.material furnished and the work done under'
this agreement, and to see that the said material is furnished and said work
is done it accordance with the specification therefor. The CONTRACTOR shall
furnish all reasonable aii and assistance required'by the subordinate
engineers, supervisors or inspectors for the proper inspection and examina-
tion, of the work, 'i'he rulings and decisions of any such subordinate engineers,
supervisors or inspectors so appointed, when consistent with the obligations
of„this, agreement and the accompanying plans and specifications, shall have
the same force and effect as rulings and decisions of the ENGIMM hereunder;
provided, however, should the CONTRACTOR object to Pny,ruling or decision
by such subordinate engineer, supervisor or inspector, the CONTRACTOR may
within six (6) days make written appeal to the ENGINEER for his decision.
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2.04 CONTRACI'CR'S DUTY AND SUPERINTENDENCF. The CONTRACTOR shall give per-
sonal attention'to the faithful prosecution and completion o'' this contract
and shall keep on the wurk, durirg its progress, a competent wiperintendent
and any necessary assistant, all satisfactory to the ENGINFFR. The super-
intendent shall represent the CONTRACTOR in his absence and all directions
given to him shall be as binding as if given to the CONTRACTOt,, The
CONTRACTOR is and shall at all times remain an independent contractor,
solely responsible for the manner and method of completing his work under
this contract, so long as such methods do not adversely affect the completed
improvements, and solely responsible for the safety of himself, his em-
ployees and other persons, as well as the safety of the improvements being
erected and the property of himself or any other person, as a result of
his operations hereunder.
The CONTRACTOR is and at all times shall remain an independent contractor,
solely responsible for the manner and method of completing his work under
this contract, with full power and authority to select the means, method
and manner of performing such work, so long as such methods do not adversely
affect the completed improvements, the OWNER and ENGINEER being interested
only tn'the result obtained and conformity of such completed improvements
to the plans, specifications and contract,. Lil.ewise, the CONTRACTOR shall
be solely.responsibie for the safety of himself, his employees and other
persons, as well as the safety of the improvements being erected and the
property of himself or any other person, as a result of his operations here-
under. Engineering construction drawings and specifications, as well as
any additional information concerning the work to be performed passing from
or through the OWNER or ENGINEER, shall not be interpreted as requiring or
allowing CONTRACTOR to deviate from the plans and specifications, the intent
of 'such drawings, specifications and any other such instructions being to
define, with particularity the agreement of the parties as to the work the
CONMACTOR is to perform. CONTRACTOR shall be fully and completely liable,
at his own expense, for dasign, construction, installation and use, or
non-use, of all items and methods incident to performance of the contract,
and for all loss, damage or injury incident thereto, either to person or
property, including, without limitation, the adequacy of all temporary
supports, shoring, bracing, scaffolding, machinery or equipment, safety
precautions or devices, and similar items or devices used by him during
construction. Any review of work in process, or any visit or observation
during construction, or any clarification of plans and specifications, by
the OWNER or ENGINEER, or any agen*,., employee or representative of either
of them, whether through personal observation on the project site or by
means of approval of shop drawings for temporary construction or construction
processes, or by any other means or method, is agreed by the CONTRACTOR to
be for the purpose of observing the extent and nature of work completed or
being performed, as measured against the drawings and specifications
constituting the contract, or for the purpose of enabling CONTRACTOR to
more fully understand the plans and specifications so that the completed
construction work will conform thereto, and shall in no way relieve the
CONTRACTOR from full and complete responsibility for the proper performance
of his work on th3 project, including but without limitation the propriety
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of means and methods of the CONTRACTOR in performing said contract, and the
adequacy of any designs, plans or other facilities for accomplishing such
performance. Deviation by the CONTRACTOR from plans or specifications that
may have been in evidence during any such visitation or observation by the
OWNER or ENGINEER, cr any representative of either of them, whether called
to the CONTRACTOR'S attention or not, shall in no way relieve CONTRACTOR
from his responsibility to complete all work in accordance with said plans
and specifications.
2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the
CONTRACTOR has, by a areful examination, satisfied himself as to the nature
and location of the work, the conformation of the ground, the character,
quality and quantity of the materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution
of the work, the general and local conditions, and all other matters which
can in any way affe•zt the work under this contract. No verbal agreement
or conversation with any officer, agent or employee of the ENGINEER or
the OWNER, either before or after the execution of this contract, shall
affect or modify any of the terms or obligations herein contained.
2.06 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly
and competent men, skillful in the performance of the type of work required
under this contract, to do the work; and agrees that whenever the ENGINEER
shall inform him in writing that any man or men on the work are, in his
opinion, incompetent, unfaithful or disorderly, such man of men shall be
discharged from the work and shall not again be employed on the work without
the ENGINEER'S written consent.
2.07 CONTRACTOR'S BU12DINGS0 The building of structures for housing men,
or the erection of tents or other forms of protection, will be permitted
only at such places as the ENGINEER may direct, and the sanitary conditions
of the grounds in or about such structures shall at all times be maintained
in a manner satisfactory to the ENGINEER.
2.08 SANITATION. Necessary sanitary conveniences for the use of laborers
on the work, properly secluded from public observation, shall be constructed
and maintained by the CONTRACTOR in such manner and at such points as shall
be approved by the ENGINEER, and their use shall be strictly enforced.
2.09 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with
such promptness as to cause no delay in his own work or in that of any
other Contractor, four copies, unless otherwise specified, of all shop
and/or setting drawings and schedules required for the work of the various
trades, and the ENGINEER shall pass upon them with reasonable promptness,
making desired corrections. The CONTRACTOR shall make any corrections
required by the ENGINEER, file with him two corrected copies and furnish
such other copies as may be needed. 'The ENGINEER'S rjpproval of such drawings
or schedules shall not relieve the COMRACTOR from responsibility for devia.
' tions from drawings or specifications, unless he has in writing called the
ENGINEER '9.attention to sut'- deviations at the time of submission, nor shall
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it relieve him from responsibility for errors of any sort In :hop drawings
or schedules. Such review by the ENGINEER shall be for the sole purpose
of determining the sufficiency of said drawings or schedules to result in
finished improvements in conformity with the plans and specifications, and
shall not relieve the CONTRACTOR of his duty as an independent contractor
as previously set forth, it being expressly understood and agreed that
neither the ENGINEER nor the OWNER assumes any duty to pass upon the propriety
or adequacy of such drawings or schedules, or any means or methods reflected
thereby, in relation to the safety of either person or property during
CONTRACTOR'S performance hereunder.
2.10 PRELD(INARY APPROVAL. The ENGINEER shall not have the power to
waive the obligations of this contract for the furnishing by the CONTRACTOR
of good material, and of his performing good work as herein described, all
in full accordance with the plans and specifications. No failure or omission
of the ENGINEER to condemn any defective work oe material shall release the
CONTRACTOR from the obligations to at once tear out, remove and properkv
replace the same at any time prior to final acceptance, upon the discovery
of said defective work or material; provided, however, that the ENGINEER
shall, upon request of the CONTRACTOR, inspect and accept, qualify, or
reject any material furnished, and in event the material has been once
accepted by the ENGINEER, such acceptance shall be binding on the OWNER,
unless it can be clearly shown that such material furnished does not meet
the specifications for this work.
Any questioned work may be ordered taken up or removed for re-examination,
by the ENGINEER, prior to final acceptance, and if found not in accordance
with•the specifications for said work, all expense of removing, re-examination
and replacement shall be borne by the CONTRACTOF, otherwise the expense thus
incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER;
provided that,.where inspection or approval is specifically required by the
specifications prior to performance of certain work, should the CONTRACTOR
proceed with such work without requesting prior inspection or approval, he
shall bear all expense of taking up, removing, and replacing this work if
so directed by the ENGINEER.
2.11 DEFECTS AND TREIR REMEDIES. It is further agreed that if the wt,-k or
aqy part thereof, or any material brought or. the site of the work for use
in the work or selected for the same, shall be deemed by the ENGINEER as
unsuitable or not in conformity with the specifications, the CONTRACTOR
shall, after receipt of written notice thereof from the ENGINEER, forth-
with remove such material and rebuild or otherwise remedy such work so that
it will be in full accordance with this contract.
2.12 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER
may make such changes and alterations as the OWNER may see fit, in the line,
grade, form, dimensions, plans, or materials for the work herein crintemplated,
or any part thereof, either before or after the beginning of tine canstruc-
tion, without affecting the validity of this contract and the accompanying
performance and payment bonds.
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If such changes or alterations diminish the quantity of the work to be done,
they shall not constitute the basis for a claim for damages, or anticipated
profits on the work that may be dispensed with, except as provided for unit
price items under Section 5, "Measurement and Payrr:,nt", If the amount of
work is increased, and the work can fairly be classified under the specifi-
cations, such increase shall be paid for according to the quantity actually
done and at the unit price, if any, established for such work under this
contract, except as provided for unit price items under Section 5, "13easure-
ment and Payment"; otherwise, such additional work shall be paid for as
provided under Extra Work. In case the OWNER shall make such changes or
alterations as make useless any work already done or material already fur-
nished or used in said work, then the OWNER shall recompense the CONTRACTOR
for any material or labor so used, and for any actual loss occasioned by
such change, due to actual expenses incurred in preparation for the work as
originally planned.
2.13 RIGHT OF ENGINEER TO MODIFY METHODS AND EQUIPMENT. If at any time the
methods or equipment used by the CONTRACTCR are found to be inadequate to
secure the quality of work or the rate of progress required under this con
tract, or the working force of the CONTRACTOR is inadequate for securing
the progress herein specified, the ENGINEER. may order the CONTRACTOR in
writing to increase their safety or improve their character and effioiency,.
or to increase his force or equipment or both, and the CONTRACTOR shell;
comply with such order. Such authority of the ENGINEER, however, is for the
sole benefit of the OWNER and the safety of the improvements, in order to
secure their erection in conformity with this contract; it shall remi in the,-
sole duty and responsibility of the CONTRACTOR to take adequate precautions
in his operations for the safety of persons and property. No failure of the.
ENGINEER to complain of the methods and equipment of the CONTRACTOR shall
excuse or relieve the CONTRACTOR of Liability for damage to the property or
improvements of the OWNER by reason of his ,,,~glect or omission.
3, GENERAL OBLIGATIONS AND RESPONSIBILITIES
3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall
furnish the CONTRACTOR with an adequate and reasonable number of copiQs o4
all plans and specifications without expense to him, and the CONTRACTOR .
shall keep one copy of the same constantly accessible on the work, with the
latest revisions noted thereon.
3.02. OWNERSHIP OF DRAWWS. All drawings, specifications and copies th9reof
furnished by the ENGINEER shall not be reused on other work, and, with the,
exception of the signed contract sets, are to be returned to him, on request,
at the completion of the work. All models are) the property of the OWNER.
3.03 ADEQUACY OF DESIGN. It is understood that the OWNER believes he has
employed competent engineers and designers. It is, therefore, agreed that,,
t the OWNER shall be responsible for the adequacy of the design, sufficiency-
of the Contract Documents, the safety of the completed structure and the
practicability of the operations of the completed project; provided the
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CONTRACTOR has complied with the requirements of the said Contract Documents, ,
all approved modifications thereof, and additions and alteratirins thereto
approved in writing by the OWNER. The burden of proof of such compliance
shall be upon the CONTRACTOR to show that he has complied with the said re-
quirements of the Contract Documents, approved modifications thereof and all
approved additions and alterations thereto.
3.04 RIGHT OF ENTRY. The OWNER reserves the right to enter the property
or location on which the works herein contraoted for are to be constructed
or installed, by such agent or agents as he may elect.
3.0,` COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract
or otherwise, all labor and material essential to the completion of the
work specifically excluded from this contract, in such manner as not to
delay the progress of the work, or damage said CONTRACTOR, except where such
delays are specifically mentioned elsewhere in the Contract Documents.
3.06 DISCREPAMES AND OMISSIONS. It is further agreed that it is the
intent of this bl-ntract that all work must be done and all material must be
furnished in accordance with the generally accepted practice, as determined
by the ENGINEER, and in the event of any discrepancies between the separate
contract documents, specifications or drawings, the ENGINEER shall define
which is intended to apply to the work.
x.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall
provide all tools, equipment, machinery, materials, and construction plant
and facilities necessary in the prosecution and completion of the contract,
except as otherwise specifically set forth to be provided by the OWNER,
The CONTRACTOR sh!3U be responsible for the care, preservation, conservation,
and protection of all materials, supplies, machinery, equipment, tools,
apparatus, accessories, facilities, all means of construction, and any and
all parts of the work, whether the CONTRACTOR has been paid, partially paid,
or not paid for such work, until the entire work is completed and accepted.
3,08 PROTECTION AGAINST ACCIDENT TO EMPIAYEES AND THE PUHLIfC. The CONTRACTOR
shall take out and procure a po U.cy or policies of workmen's compensation
insurance with an insurance company licensed to trar.saot business-in the
State of Texas, which policy shall. comply with the Workman's Compensation
Law of the State of Texas. The CONTRACTOR shall at all times exercise reason-
able precautions for the safety of employees and others on or near the work
and shall comply with all applicable provisions of Federal, State and Muni-
cipal safety laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of the Associated General
Contractors o: America, except where incompatible with Federal, State, or
Mnioipal laws or regulations. The CONTRACTOR shall provide such machinery,
guards, safe walkways, ladders, bridges, gangplanks, and other safety devices
as may be required as requisite to the prevention of accidents. The CONTRACTOR !
14
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-
and his Suiaties shall indemnify and save harmless the OWNER and all his
officors, agents and employees, and the ENGINEER, and his agents and employees,
from and agai-st all suits, actions, claims, demands or ,judgments, of any
character, n~.me and description, brought or asserted against any of them for
or on account of any injuries or damages to persons or property, or damages
of any other kind, allegedly received or sustained on account of any negligent
act or fault of CONTRACTOR, his agents, employees or representatives, or sub-
contractors, their agents or employees, in the execution of said contract or
any operations thereunder, or on account of the failure of any person, firm
or corporation to provide necessary barricades, warning lights or signs, or
to take any other safety precautions. This agreement of indemnity shall ex-
tend to and include any suit, action or claim, of any character and description,
allegedly arising out of the concurrent negligence of the CONTRACTOR and/or
any sub-contractor, their agents, representatives or employees, and the OWNER,
or its officers, agents and employees, and/or the ENGINEER, his agents and
employee::; and the CONTRACTOR and his Sureties will be required to pay any
judgment, with casts, which may be obtained against any party hereby in-
demnified, growing out of such alleged injury or damage. The safety pre-
cautions actually taken and their adequacy shall be the sole responsibility
f of the CONTRACTOR, in his sole discretion as an independent contractor; the
inclusion of this paragraph in the agreement, as well as any notice which may
be given by the OWNER, ^sNGLXE:-:R or their representatives concerning omissions
under this paragraph as the work progresses, are intended only as reminders
to the CONTRACTOR of his duty in said regard, and shall not be construed as
any assumption of duty to supervise safety precautions by either the OW)TR
or ENGINEER,
3.09 PERFORMANCE AND PAYMENT BONDS. It is further agreed by the parties to
this Contract that the CONTRACTOR will execute separate performance and payment
bonds, each in the sum of one hundred (1000 percent of the total contract
price, on standard forms for this purpose, guaranteeing faithful performance
of the work and the fulfillment of any guarantees required, and further
guaranteeing payment to all persons supplying labor and materials or furnish-
ing him any equipment in the execution of the Contract, and it is agreed that
this Contract shall not be in effect until such performance and payment bonds
are furnished and approved by the OWNER.
Unless otherwise approved in writing by the OWNER, the surety company under-
writing the bonds shall be acceptable according to the latest list of com-
panies.bolding certificates of authority from the Secretary of the Treasury
of the United States. As herein provided for GUARANTEE, the performance
bond shall remain in effect for a period of one year after the date of the
Certificate of Acceptance by the OWNER. The cost of the premium for the per-
formance and payment bonds shall be included in the CONTRACTOR'S proposal.
3.10 WSSES MM NATURAI. CAUSES. Al loss or damage to the CONTRACTOR
arising out of the z,ature of the work to be done, or from the action,of the
elements, or from any unforeseen circumstances in the prosecution of the
same, or from unusual obstructions or difficulties which may be encountered
in the prosecution of the work, shall be sustained and borne by the CONTRACTOR
at his own cost and expense.
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1.11 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take
proper means to protect the adjacent or adjoining property or properties
in any way encountered, which might be injured or seriously affected by
any process of construction to be undertaken under this Agreement, from
any damage or injury by reason of said process of construction; and he shall
be liable for any and all claims for such damage on account of his failure
to fully protect all adjoining property. The CONTRACTOR agrees to indemnify,
save and hold harmless the OWNER and the ENGINEER against any claim or claims
for damages due to any injury to any adjacent or adjoining property, arising
or growing out of the performance of the contract; but any such indemnity
shall not, apply to any claim of any kind arising out of the existence or
charactyr of the work.
3.12 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATERLALMEN
AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees
that he will indemnify and save the OWNER harmless from all claims growing
out of the lawful demands of sub-contractors, laborers, workmen, mechanics,
:materialmen, and furnisbers of machinery and parts thereof, equipment, power
tools, and all supplies, including commissary, incurred in the furtherance
of the performance of this contract. When so desired by the OWNER, the CON-
TRACTOR shall furnish satisfactory evidence that all obligations of the nature
heretnabmre designated have been paid, discharged or waived. If the CON-
TRACTOR fails so to do, then the OWNER may at the option of the CONTRACTOR
either pay directly any unpaid bills of which the OWNER has written notice,
or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed
reasonably suffioient to liquidate any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been fully dis-
charged; whereupon payments to the CONTRACTOR shall be resumed in full, in
accordance with the terms of this contract, but,in no event shall the pro-
Visions of this sentence be construed to impose any obligation upon the
OIRNER by either the CONTRACTOR or his Surety.
3.11 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR
shall pay all royalties ahd license fees, and shall provide for the use of
arty design, device, material, or process covered by letters patent or copy-
right, by suitable legal agreement with the patentee or OWNER. The CON-
TRACTOR shall defend all suits or claims for infringement of any patent or
copyright rights and shall indemnify and save the OWNER harmless from any
loss on account thereof, except that the OWNER shall defend all such suits
and claims and shall be responsible for all such loss when a particular
design, device, material, or process, or the product of a particular manu-
facturer or manufacturers is specified or required by the OWNER; provided,
however, if choice of alternate design, device, material, or process is
allowed to the CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER
harmless from any loss on account thereof. If the material or process
specified or required by the OWNER is an infringement, the CONTRACTOR shall
be responsible for such loss unless he promptly gives such information to
the OWNER.
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3.14 LAWS AND ORDINANrES. The CONTRACTOR shall at all times observe and
comply with all Federal, State and local laws, ordinances and regulations,
which in any mannbr affec'.: the contract or the work, and shall indemnify and
save harmless the OW.'IER against any claim arising from the violation of any
such laws, ordinance-. and regulations, whether by the CONTRACTOR or his em-
ployees, except whe-a such violations are called for by the provisions of
the Contract Doct::nents. If the CONTRACTOR observes that the plans and speci-
fications are a'.: variance therewith, he shall promptly notify the ENGINEER
in tn•iting, anl any necessary changes shall be adjusted as provided in the
contract for changes in the work. If the CONTRACTOR performs any work knowing
it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the ENGINEER, he shall bear all costs arising therefrom. In +
case the OWNER is a body politic and corporate, the law from which it derives I
its powers, insofar as the same regulates the objects for which, or the manner
in which, or the conditions under which the OWNER may enter into contract,
shall be controlling, and shall be considered as part of this contract, to
the same effect as though embodied herein.
3.15 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will
f retain personal control and will give his personal attention to the fulfill-
ment of this contract and that he will not assign by ?ewer of Attorney, or
otherwise, or sublet said contract without the written consent of the OWNER,
and that no part or feature of the work will be sublet to anyone objection-
able to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the
subletting of any portion or feature of the work, or material's required in
the performance of this contract, shall not relieve the CONTRACTOR froth his
full obligations to the OWNER, as provided by this Agreement.
3.16 CONTRACTORS AND SUB-CONTRACTOR'S INSURANCE. The CONTRACTOR shall not
commence work under this contract until he has obtained all the insurance
required under the following sub-paragrahs and such insurance has beers
approved by the OWNER, nor shall the CONTRACTOR allow any sub-contractor
to commence work on a sub-contract until such sub-contractor has obtained
complete insurance coverage as required for the CONTRACTOR.
3.161 COMPENSATION INSURANCE. The CONTRACTOR shall procure and shall main-
tain during the life of this contract Workmen's Compensation Insurance for
all of his employees to be engaged in work on the project under this contract
and, in case of any such work sublet, the CONTRACTOR shall require the sub-
contractor similarly to provide Workmen's Compensation Insurance for all of
the latter's employees to be engaged in such work, unless such employees
are covered by the protection afforded by the Contractor's Workmen's Compensa-
tion Insurance. In case any class of employees engaged in hazardous work on
the project under this contract is not protected under the Workmen's Compensa-
tion Statute, the CONTRACTOR shall provide, and shall cause each sub-contractor
to provide, adequate Employer's General Liability Insurance for the protection
of such of his employees not otherwise protected.
3.162 CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The
CONTRACTOR shall procure and shall maintain during the life of this contract
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Contractor's Comprehensive General Liability Insurance in an amount not less
than $100,000.00 for injuries, including accidental death, to any one per-
son, ana subject to the same limit for each person, in an amount not less
than $300,000.00 on account of one accident, and Contractor's Property
Damage Insurance to an amount of not less than $50,000.30 on account of one
accident and $100,000.00 aggregate.
The CONTRACTOR shall also furnish Owner's Protective Liability Insurance,
which by express provision or endorsement shall also inure to the benefit
and protection of the ENGINEER, as separate policies or as a part of one of
the above mentioned policies or by endorsement thereto, in the amount set
forth for public liability and property damage.
3.163 AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAME. The
CONTRACTOR shall procure anal maintain, during the life of the Contract,
Automobile insurance in an amount not less than $100,000.00 for injuries,
including accidental death, to any one person and subject to the same limit
for each person, an amount not less than $300,000.00 on account of one
accident, and automobile property damage insurance in an amount not less
than $50,000.00. `
3.164.- SCOPE OF INSURANCE AND SPiX IAL HAZARD. The Insurance required under
the above paragraphs shall provide adequate protection for the CONTRACTOR
and his sub-contractors, respectively, against damage claims which may arise
from operations under this contract, whether such operations be by the in-
sured or by anyone directly or indirectly employed by aim. Insurance also
shall be provided against special hazards, if any, as may be set forth in
the Special Conditions or Special provisions, or elsewhere in these Con-
tract Documents,
For contracts involving work to be performed within the corporate limits of
any municipality and for contracts involving piFws line construction (water,
sewer, or,other), the CONTRACTOR shall furnish insurance as separate policies
or by additional endorsement to one of the above mentioned policies, and
in the amounts as set forth for public liability and property damage, the
following insurance.
(a). Blasting, prior to any blasting being done.
(b) Collapse of buildings or structures adjacent to excavation
(if excavations are to be performed adjacent to same).
(c) Damage to underground utilities.
3.165 PROOF OF CARRIAGE OF INSURANCE. The CONTRACTOR shall furnish the
OWNER with satisfactory proof of coverage by insurance required in these
Contract Documents in amounts and by carriers satisfactory to the OWNER.
Proof of carriage of insurance by sub-contractors shall also be furnished.
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r
2.1? GENERAL INDEMNIFICATION. The CONTRACTOR agrees, without in any way
limiting other provisions of this contract, to protect, indemnify and hold
the OWNER and ENGINEER free and harmless from and against any and all claims,
liens, demands, liabilities, penalties and causes of action of every kind
and character, including but not limited to, the amounts of judgments,
penalties, interests, court costs, costs of litigation and reasonable legal
fees incurred by the OWNER or ENGINEER in defense of same, arising in favor
of governmental agencies or any third parties (including, bat not limited
to, CONTRACTOR and Sub-Contractors and employees of CONTRACTOR and Sub-
Contractors) on account of taxes, claims, demands, liens, debts, penalties,
personal injuries, death or damages to property, and without limitation by
enumera•.;ion, all other claims, demands or causes of action of every character
occurring or in anywise incident to, in connection with or arising out of
the work performed and to be performed by CONTRACTOR hereunder, including
specifically but without V-..,itation, design and installation of temporary
supports, shoring, bracing, scaffolding and similar item:., whether or not
occasioned by the negligence, carelessness or want of skill of CON'T'RACTOR
or his servants or employees, or that of his Sub-Contractors or their
employees, or in connection with or arising out of any deviation from plans
or specifications even though such deviation occurs with or without the know-
" ledge of the OWNER or ENGINEER, and whether or not such deviations have been
called to CONTRACTOR'S attention, except insofar as responsibility, if any,
may be expressly assumed by the OWNER or ENGINEER under the provisions of
this contract.
3.18 GUARANTEE, The CONTRACTOR shall guarantee the work against failure
or malfunction due to defee Uve materials or workmanship for a period of
one year from the date of the written Certificate of Acceptance of the OWNER.
Where the CONTRACTOR is required to procure and furnish articles manufactured
by others, the standard warranty, if any, of the manufacturer thereof shall
be delivered to OWNER by CONTRACTOR in form to inure to OWNER'S benefit.
This guarantee will not appiy'to defects of any materials or equipment fur-
nished by the OWNER to the CONTRACTOR for installation; however, the guarantee
will apply to any defects in workmanship in the installation by the CONTRACTOR
of such materials or equipment.
When defective. material and workmanship are discovered, all required repairs
shall be mace by the CONTRACTOR at his own expense. Such repairs shall be
initiated within five (5) days after written notice of such defects has been
given by the OWNER and the work of the repairs shall proceed with dispatch so
that the repairs will be completed within a reasonable length of time. Should
the CONTRACTOR fail to initiate the repairs within five (5) days after written
notice or should he fail to complete the repairs within a reasonable time,
the OWNER may make the necessary repairs and charge the CONTRACTOR with all
costs incurred therefor.
As a part of this guarantee, the CONTRACTOR'S Performance Bond shall remain
in effect for a period of one year after the date of written acceptance by
the OWNER.
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3.19 WAGE RATES. The OWNER in accordance with statutory requirements hss
determined the general prevailing rates of wages as appli;;able to the project,
and the CONTRACTOR shall pay not less than the rates of wages so determined.
A copy of the schedule of prevailing wage rates as established by the OWNER
Is included as a part of these Contract, Documents.
4. PROSECUTION AND PROGRESS
4,01' TDC AND ORDER OF COMP ETION. It is the meaning and intent of this
contract, unless otherwise herein specifically provided, that the CONTRACTOR
shall prosecute his work at such times and seasons, in such ordor of preced-
ence, and in such fanner as shall be most conducive to economy of construc-
tion; provided, however, that the order and the time of prosecution shall
be such that the work will be substantially completed as a whole and in part,
in accordance with this contract; the plans and specifications, and within
the time of completion designated in the Proposal; provided, also that when
the OWNER is having other work done, either by contract or by his own forct.
the ENGINEER may direct the time and manner of constructing the work done
under this contract, so that conflict will be avoided and the construction
of the various works being done for the 0VMM- will be harmonized.
The CONTRACTOR shall submit, at such times as may reasonably be requested
by the ENGINEER, schedules which shall show the order in which the.CONTRACTOR
proposes to carry on the work, with dates at which the CONTRACTOR will start
the several parts of the work, and estimated dates of completion of-the
several parts.
Within seven (7) days after the end of such calendar month, the CONTRACTOR
shall report in writing to the ENGINEER any day claimed to be unsuitable for
working. Within seven (7) days therediter, the ENGINEER shall agree or.
disagree in writing as to whether the time claimed as not suitable for
working shall be so recognized and the ENGINEER'S decision shall be final
and binding.
4.02 EXTENSION OF TIME. Should the CONTRACTOR be delayed in the c.)mpletion
of the work by any act or neglect of the OWNER or ENGINEER, or of any em••
ployees of either, or by other contractors employed by the OWNER, or by ce.anges
ordered in the work, or by strikes, lockouts, fires, and unusual delays by
common carriers, or unavoidable cause or causes beyond the CONTRAMOR'S
control, or by any cause which t*9 ENGINEER may decide justifies V%e delay,
then an extension of tiers shall be allowed for completing the work., sufficient
to compensate for the delay, the amount of the extension to be determined
by the ENGINEER; provided, however, that the CONTRACTOR shall gi-M the
ENGINEER notice in writing of the cause of such delay within ter, (10) days,
from inception of such delay.
4.03 HINDRANCES AND DEIAYS. No claims shall be made by the CONTRACTOR for
damages resulting from hihdrahces or delays from any cause (except where the
work is stopped by order of the OWN'' -71iring the progress of any portion of
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the work embraced in this contract. In case said work may be stopped by the act
• of the CWNER, then such expense as in the judgment of the ENGINEER is caused
by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR.
4.04 LIQUIDATED DAMAGES. The CONTRACTOR agrees that time is of the essence
of this contract, and that for each day of delay beyond the number of days
herein agreed upon for the completion of the work herein specified and contracted
for (after due allowance of such extension of time as is provided for under
Extension of Time hereinabove), the OWNER may withhold permanently from the
CONTRACTOR'S total compensation, the amount per day given in the following
schedule, not as a penalty, but as liquidated damages and for added expense
for engineering supervision, etc. in connection with the project:
Amount Amount of Liquidated
Of Contract Damages Per Day _
$ 100,000 or less $100
1000001 to 500,000 150
5001001 to 1,0000000 200
1,000,001 to 2,000,000 300
Over 290009000 400
. 5. MEASUREMENT AND PAYMENT
5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of
arq kind will be allowed, but the actual measured and/or computed length, area,
solid contents, number, and weight only shall be considered, unless otherwise
specifically provided.
.A. ANTITIES. This agreement, including the apecificstions,
ESTIMATED W
plans and estimate, is intended to show clearly all work to be done and
material to be furnished hereunder. Where the estimated quantities are shorn
for the various classes of work to be done and material to be furnished under
this contract, they are approximate and are to be used only as a basis for
estimating the probable cost of the work and for comparing the proposals
offered for the vork. It is understood and agreed that the actual amount of
work to be done and material to be furnished order this contract may differ
somewhat from th3se estimates, and that where tad basis for payment under this
contract is the unit price method, payment shall be for the actual amount of
such work done and the material furnished.
Where payment is based on the unit price method, the CONTRACTOR agrees that he
will make no claim for damages, anticipated profits or otherwise on account of
any differences which may be found between the quantities of work actually done,
the material actually furnished under this contract and the estimated quantities
contemplated and contained in the proposal; provided, however, that in rase the
actual quantity of any item should become as much as 25% more than, or 25% less
than the estimated or contemplated quantity for such items, then either party
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to this Agreement, upon demand, shall be entitled to a revised consideration
upon the portion of the work above or below 259 of the estimated quantity.
Any revised consideration is to be determined by agreement between the parties,
otherwise by the terms of this Agreement, as provided under "Ex*ra Work".
5,03 PRICE OF WORK. In consideration of the furnishing of all the necessary
labor, equipment and material, and the completion of all wort: by the CONTRACTOR,
and on the completion of all work and of the delivery of all material embraced
in this contract in full conformity with the specifications aryl stipulations
herein contained, the OWNER agrees to pay the CONTRACTOR the prices set forth
in the Proposal hereto attached, which has been made a part of this contract.
The CONTRACTOR hereby agrees to receive such prices in full for furnishing all
material and all labor required for the aforesaid work, also for all expense
incurred by him, and for well and truly ;performing the same arml the whole
thereof in the nanner and according to this Agreement, the attached specifi-
cations and requirements of the ENGINEER.
5.04 PARTIAL PAYMENTS. On or before the 10th day,of each month the ENGINEER
shall prepare a statement showing as completely as practicable the total
value of the work done by the CONTRACTOR up to and including the last day
of the preceding month; said statement shall also include the value of all
sound materials delivered on the site of the work that are to be fabricated
into the work.
The OWNER shall then pay the CONTRACTOR on or before the 15th day of the,
current month the total amount of the ENGINEER'S statement, less 10.percent
of the amount thereof, which 10 percent shall be retained until final payment,
and further less all previous payments and all further sums that may be
retained by the OWNER under the terms of this Agreement. It is understood,
however, that in case the whole work be near to completion and some un-
expected and unusual delay occurs due to no fault or neglect on the part of
the CONTRACTOR, the OWNER may - upon written recommendation of the ENGINEM4 -
pay a reasonable and equitable portion of the retained percentage to the
CONTRACTOR;.or the CONTRACTOR, at the OWNER'S option, may be relieved of
the obligati, to fully complete the work and, thereupon, the CONTRACTOR
shall receive payment of the balance due.him under the contract subject only
to the conditions stated wider "Final Payment"..
05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take
possession of and use any completed or partially completed portions of the
work, notwithstanding the time for aompletllg the entire work of such portions
may not have expired, but such taking possession and use shall not be deemed
an acceptance of any work not completed in accordance with the Contract Docu-
ments. If such prior use increases the cost of or delays the work, the CON-
TRACTOR shall be entitled to such extra compensation, or extension or time,
or both, as the ENGINEER may determine.
The CONTRACTOR shall notify the ENGINEER when the contract is "mibstantially
completed" and the ENGINEER shall forthwith advise the CONTRACTOR i., writing ,
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~n Yr
of any work undone which in the ENGINEER'S judgement should be done, if any,
in order to substantially complete the work. The "substantial completion"
of the structure or facility shall not excuse the CONTRACTOR from performing
all of the work undertaken, whether of a minor or major nature, and thereby
completing the structure or facility in accordance with the Contract Documents.
5.06 FINAL COMKK ION AND ACCEPTANCE. Within ten (10) days after the CON-
TRACTOR has given the ENGINEER written notice that the work has been completed,
the ENGINEER and the OWNER shall inspect the work and within said time, if the
work be found to be completed in accordance with the Contract Documents, the
ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Comple-
tion, and thereupon it shall be the duty of the OWNER within ten (10) days to
issue a Certificate of Acceptance of the work to the CONTRACTOR, or to advise
the CONTRACTOR of reasons for non-acceptance.
5.07 FINAL PAYMENT. Upon the issuance of the Certificate of Completion,
the ENGINEER shall proceed to make final measurements and prepare final
statement of the value of all work performed and materials furnished under
the terms of the Agreement and within 25 days shall certify same to the
OWNER, who not later than 35 days after the date of the Certificate of Com-
pletion shall pay to the CONTRACTOR the balance due the CONTRACTOR under
the terms of this Agreement, provided he has fully performed his contractual
obligations under the terms of this contract; and said payment shall become
due in any event upon said performance by the CONTRACTOR. Neither the Cer-
tificate of Acceptance nor the final payment, nor any provision in the Con-
tract Documents, shall relieve the CONTRACTOR of the obligation for fulfill-
ment of any warranty which may be required in the Special Conditions of the
Specifications.
5.08 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered
evidence, withhold or nullify the whole or part of any certificate to such
extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating probable
filing of claims.
(c) Failure of the CONTRACTOR to make payments properly to
sub-contractors or for material or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the CONTRACTOR provides a Surety Bond
satisfactory to the OWNER, which will protect the OWNER in the amount with-6
held, payment shall be made for amounts withheld because of them.
5.09 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CON-
TRACTOR of the sum named in any partial or final statement, when payment is
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f
due, or should the ENGINEFR fioll to issue any statement on or before the date
above provided, then the OWNER shall pay to the CONTRACTOR, in addition to the
slim shown as due by such statement, interest thereon at the rata of six (6%)
percent per annum, unless otherwise specified, from date due as provided under
"Partial Payments" and "Final Payments", until fully paid, whinti shall fully
liquidate any injury to the CONTRACTOR growing out of such delay in payment,
but the right is expressly reserved to the CONTRACTOR in the ovent payments
be not promptly made, as provided under "Partial Payments", at arty time there-
after to treat the contract as abandoned by the OWNER and recover compensation,
as provided under "Abandonment of Contract", unless such payments are withheld
in accordance with the provisions of "Payments Withheld".
6. E)CPRA WORK AND CLAIMS
6.01 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all Extra
Work under the direction of the ENGINEER when presented with a writter: Work
Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR
to require a written confirmation of such Extra Work 0!,der by the OWNER. It
is also agreed that the compensation to be paid the CONTRACTOR for performing
said Extra Work shall be determined by one or more of the following methods,:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum,-,v
Method (C) - If neither Method (A~,, -~r Method (B) be. agreed
upon before the E~ctra Work is commenced, then
the CONTRACTOR shall,be paid the "actual field
cost" of the work, plLS fifteen (15%) percent.
In the event said Extra Work be per'fdrmed and paid for under Method (C),
then the provisions of this paragraph shall apply and the "actual field cost"
is hereby defined to include the cost, to the CONTRACTOR of all rrorkinen; such
as foremen, timekeepers, mechanics arxl laborers, and materials, supplies.
teams, trucks, and rentals on machinery and equipment, for the time actually
employed or used on such Extra Work, plus actual transportation charges
necessarily incurred, together with all power, fuel, lubricants, water, and
similar operating expenses, also all necessary incidental expenses incurred
directly on account of such Extra Work, including Sooial Security, Old Age
Benefits, and other payroll taxes, and a rateable proportion of premiums on
Performance and Payment Bonds, and Maintenance Bonds, and on Public Liability
and Propert=y Damage, and Workmen's Compensation and all other insurance as
may be required by any law or ordinance, or directed in writing by the
ENGINEER. The ENGINEER may direct the form in which accounts of the '!actual
field cost" shall be kept and the records of these accounts shall be made
available to the ENGINEER. The ENGINEER shall, also specify in writing, before
the work commences, the method of doing the work and the type and kind of
machinery and equipment to be used. Unless otherwise agreed upon, the prices
for the use of machinery and equipment shall be determined by using 100 percent,
unlessotherwise specified, of the schedule, current at the time of such uses
of Equipment Ownership Expense,adopted by the Associated General Cbntractors-
of America. Where practicable the terms and prices for the use of machinery ,
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V
and equipment shall be incorporated in the Written Extra Work Order. The
fifteen (15%) percent of the "actual field cost" to VA paid the CONTRACTOR
shall cover and compensate him for his profit, overhead, general superinten-
dence and field office expense, and all other elements of cost and expense
not embraced within the "actual field cost" as herein defined, save that
where the CONTRACTOR'S Camp or Field Office must be maintained solely on
account of such Extra Work; then the cost to maintain and operate the same
shall be included in the "actual field cost".
No claim for Extra Work of any kind will be allowed unless ordered in writing
by the ENGINEER. In case any orders or instructions, either oral or written,
appear to the CONTRACTOR to involve Extra Work for which he should receive
compensation or an adjustment in the construction time, he shall make written
request to the ENGINEER for written order authorizing such Extra Work.
Should a difference of opinion arise as to what does or does not constitute
Extra Work, or as to the payment therefor, and the ENGINEER insists upon its
performance, the CONTRACTOR shall proceed with the work after making written
request for written order and shall keep an accurate account of the "actual
field cost" thereof, as provided under Method (C). The CONTRACTOR will
thereby preserve the right to submit the matter of payment to arbitration,
as`hereinbelow provided.
6.02 'TIM OF FILING CLAIMS. It is further agreed by both parties hereto
the al "questions of dispute ok,idfustment presented by the CONTRACTCR shall
be'in writing and filed with the'ENGINEER within fifteen (15) days after the
ENGINEER has given any directions, order or instruction to which the CON-
TRACTOR desires to take exception. The ENGINEER shall, within fifteen (15)
days, reply to such written' exceptions by the CONTRACTOR and render his final
deoislon'in writing. In'oase the'CONTRACTOR should appeal from the ENGINEER'S
decision, sry demand for arbitration shall be filed with the ENGINEER and the
OWNER in writing within ten (10) days after the date of delivery to CONTRACTOR
of the ENGINEER'S final decision. It is further agreed that final acceptance
of the work by the OWNER and the acceptance by the CONTRACTOR of the final
payment shall be a bar to any claims by either party, except where noted other-
wise in the Contract Documents.
6.03ARBITRATION. All questions of dispute under thi; Agreement shall be sub-
mitted to arbitration at the request of either part; to the dispute. The
parties may agree upon one arbiter; otherwise, there shall be three, one named
in writing by each party, and the third chosen by the two arbiters so selected;
or if the arbiters fail to seleot a third within ten (10) days, he shall be
chosen bq'a bistrict Judge serving the County in which the major portion of
the'pro3eot i.s located, unless otherwise specified. Should the party demanding
arbitration fail to name an arbiter within ten (10) days of the demand, his
right to arbitrate shall lapse, and the decision of the ENGINEER shall be
final and binding on him. Should the other party fail to choose an arbiter
within ten (10) days, the ENGINEER shall appoint such arbiter. Should either
party "refuse or neglect to supply the arbiters with any papers or information
demanded ih writing, the arbiters are empowered by both parties to take
ex parte'proceedings.
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Hr
.
The arbiters shall act with promptness. The decision of arAy two shall be
binding on both parties to the contract. The decision of the arbiters upon
any question submitted to arbitration under this contract shall be a con-
dition precedent to any right of legal action. The decision of thb arbiter
or arbiters may be filed in court to carry it into effect.
7. ABANDONMENT OF CONTRACT
7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and
fail or refuse to resume work within tin (10) days after written notification
from the OWNER, or the ENGINEER, or if the CONTRACTOR fails to comply with the
orders of the ENGINEER, when such orders are consistent with the Contract
Documents, then, and in that case, where performance and payment bonds exist,
the Surety on the bonds shall be nutified in writing and direct6d to complete
the work, and a copy of said notice shall be delivered to the CONTRACTOR.
After receiving said notice of abandonment. the CONTRACTOR shall not remove
from the work any machinery, equipment, tools, materials, or supplies then on
the job, but the same, together with any materials and equipment under con-
tract for the work, may be held for use on the work by the OWNER or the Surety
on the performance and payment bonds, or another contractor in completion of
the work; and the CONTRACTOR shall not receive any rental or credit therefor
(except when used in connection with Extra Work, where credit shall be allowed
as provided for under Section 6, Extra Work and Cla W it being ynderstood
that the use of such equipment and materials will ultimately reduce the cost
to complete the work and be reflected in the final settlement.
Where there is no performance bond provided,or in case the Surety should
fail to commence compliance with the notice for completion hereinbefore pro-
vided for within ten (10) days after service of such notice, then the OWNER,
may provide fcr completion of the work in either of the following elective
manners:
2.011., The OWNER may thereupon employ such force of men and use such
machinery, equipment, tools, materials, and supplies as said OWNER may
deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials,, and supplies to said CONTRACTOR,
and expense so charged shall be deducted and paid by the OWNER,out"3f Stich
moneys as may be due, or that may thereafter at any time become due to
the CONTRACTOR under and by virtue of this Agreement. In case such expense
is less than the sum which would have been payable under this contract,
if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall
receive the difference. In case such expense is greater than the sum which
would have been payable under this contract, if the same had been completed
by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the
amount of such excess to the OWNER; or
.012. The OWNER, under sealed bids, after five (5) days notice published one
or more tines,in a newspaper having g neral circulation in the county of the
location of the work, may let the contract for the completion of the work urxler
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I
• substantially the same terms and conditions which are provided in this con-
tract. In case of any increase in cost to the OWNER under the new contract
as compared to what would have been the cost under this contract, such increase
shall be charged to the CONTRACTOR ard the Surety shall be and remain bound
therefor. However, should the cost to complete any such new contract prove
to be less than what would have been the cost to complete under this contract,
the CONTRACTOR and/or his Surety shall be credited with the difference.
When the work will have been substantially completed, the CONTRACTOR and his
Surety shall be so notified and Certificates of Completion and Acceptance, as
provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized
statement of the contract amounts, certified to by the ENGINEER as being
correct, shall then be prepared and delivered to the CONTRACTOR and his Surety,
whereupon the CONTRACTOR and/or his Surety. or the OWNER as the case may be,
shall pay the balance due as reflected by said statement, within fifteen (15)
days after the date of such Certificate of Completion.
In the event the statement of accounts shows that the cost to complete the
work is less than that which would have been the cost to the OWNER had the
work been completed by the CONTRACTOR under the terms of this ccntraot; or
when the CONTRACTOR and/or his Surety shall pay the balance shown to be due
by them to the OWNER, then all machinery, equipment, tools, materials, or
supplies left on the site of the work shall be turned over to the CONTRACTOR
and/or his Surety. Should the cost to complete the work exceed the contract
price, and the CONTRACTOR and/or his Surety fail to pay the amount due the
OWNER within the time designated hereinabove, and there remains any machinery,
equipment, tools, materials, or supplies on the site of the work, notice
thereof, together with an itemized list of such equipment and materials,
shall be mailed to the CONTRACTOR and his Surety at the respective addresses
designated in this contract; provided, however, that actual written notice
given in any manner will satisfy this condition. After mailing, or other
giving of such notice, such property shall be held at the risk of the CONTRACTOR
and his Surety subject only to the duty of the OWNER to exercise ordinary care
to protect such property. After fifteen (15) days from the date of said notice,
the OWNER may sell such machinery. equipment, tools, materials, or supplies
and apply the net sum derived from such sale to the credit of the CONTRACTOR
and his Surety. Such sale may be made at either public or private sale, with
or without notice, as the OWNER may elect. The OWNER shall release any
machinery, equipment, tools, %aterials, or supplies, which remain on the work
and belong to persons other than the CONTRACTOR or his Surety, to their proper
owners. The books on all operations provided herein shall be open to the
CONTRACTOR and his Surety.
7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the
terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the CONTRACTOR, then the
CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom
all machinery, tools and equipment, and all materials on the site of the work
• that have not been included'in payments to the CONTRACTOR and have not been
ti brought into the work. And thereupon, the ENGINEER shall make an estimate
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of the total amount earned by the CONTRACTOR, which estimate shall include `
the value of all work actually completed by said CONTRACTOR (at the prices
stated in the attached proposal where unit prices are used), the value of
all partially completed work at a fair and equitable price, and the amount
of all Extra Work performed at the prices agreed upon, or provided for by
the terms of this contract, and a reasonable sum to cover the cost of any
provisions made by the CONTRACTOR to carry the whole work to completion and
which cannot be utilized. The ENGINEER shall then make final statement of
the balance due the CONTRACTOR by deducting from the above estimate all
previous payments by the OWNER, and all other sums that may be retained by
the OWNER under the terms of this Agreement, and shall certify same to the
OWNER, who shall pay to the CONTRACTOR, on or before thirty (30) days after
the date of the notification by the CONTRACTOR, the balance shown by said
final statement as flue the CONTRACTOR under the terms of this Agreement.
END - Gr NERAL CONDI'T'IONS
c
2$
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• DETAIL SPECIFICATIONS
1. GENERAL DESCRIPTION OF WORK TO BE DONE
The elevated tank to be dismantled and removed is a steel structure, approxi-
mately 121.5 feet from ground to overflow, with a capacity of 250,000 gallons,
The tank is located on a school playground, immediately adjacent to existing
school buildings in the vicinity of the intersection of Mounts and Haynes Streets,
in Denton, Texas. The tank was constructed in 1925 by Pittsburgh-Des Moines
Steel Company, and is of riveted construction. The tank viser, or inlet pipe,
is twelve inch cast iron. The entire stru,:ture is to be dismantled, removed
from the site, and disposed of under this Contract. Concrete foundation supporting
the tank will not be removed under this Contract.
2. EXISTING FENCE
The tank is enclosed by an existing chain link fence. The fence may be
left in place or removed at this Contractor°s discretion, If the fence is re-
moved, the wire fabric shall be carefully removed, rolled, and transported to the
City of Denton warehouse. Fence posts and gate shall also be hauled to the ware.
house. Removal of concrete from the posts will not be necessary.
3. DISMANTLING PROCEDURES
The procedure used in dismantling the tank shall be at this Contractor's
option. The procedure shall be outlined in detail to the Owner, however, and
shall receive the Owner's approval bef,>re wrecking operations begin. No operations
will be approved which, in the OwnW a opinion, might prove to be dangerous to
persons or to adjacent property. All parts of the dismantled stru t ure shall be
carefully lowered to the ground by crane or winch, and no material shall be dropped
or purposefully allowed to fall.
4. BARRICADES
If deemed necessary by the Owner, because of dismantling procedures being used
or otherwise, this Contractor may be required tc erect suitable barricades and
signs in the street adjacent to the tank to ccnt.oi traffic in the immediate
vicinity. Barricades, if required, shall be well constructed, for the full width
of the street, and painted so as to present a neat appearance.
> CLEAN UP
After removal of the tank, the area shall be cleaned of all debris, scraps
of metal and any other materials from the dismantled tank. Fence post holes,
if fence is removed, shall be filled with earth to natural ground surface.
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6. PAYMENT
Provision is made in the Proposal fc► a lump sum payment to be made either
to the City of Denton by the Contractor; or to the Contractor by the City of
Denton. In either case, this lump sum amount shall be full compensation for the
dismantlirg, removing, and disposing of the tank, removal of fence if desired,
erecting barricades, site clean-up, etc., all as outlined herein.
If payment is to be made to the City of Dentr,n for the tank, the full amount
shall be paid before any dismantling operations are allowed to begin.
If payment is to bte made to the Contra-.tor by the City,.the lump sum amount
will be paid within thirty (30) days afte: the entire contract has been completed.
No partial payments will be made.
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